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Author : William Lynn Ransom
Publisher :
ISBN 13 :
Total Pages : 208 pages
Book Rating : 4.A/5 ( download)
Download or read book Majority Rule and the Judiciary written by William Lynn Ransom and published by . This book was released on 1912 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Phillip Reid
Publisher :
ISBN 13 :
Total Pages : 386 pages
Book Rating : 4.F/5 ( download)
Download or read book Legislating the Courts written by John Phillip Reid and published by . This book was released on 2009 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: "American constitutional historians and lawyers generally assume that the current doctrine of judicial supremacy not only has always been the rule of constitutional law but was the original intent of the framers of both the federal and state constitutions. This study disproves the validity of that assumption for state constitutionalism by concentrating on the law of New Hampshire - representative of the law in other jurisdictions - between the years 1789 and 1818. This study shows that the reality for the early republic was both judicial dependence and legislative supremacy." "Despite an attempt to subordinate the judiciary to the will of the citizenry, as represented by the state legislature, Reid finds that judges managed to maintain their autonomy, subject only to the dictates of the law."--BOOK JACKET.
Author : Morris Raphael Cohen
Publisher : Beard Books
ISBN 13 : 1587981440
Total Pages : 550 pages
Book Rating : 4.5/5 (879 download)
Download or read book Readings in Jurisprudence and Legal Philosophy written by Morris Raphael Cohen and published by Beard Books. This book was released on 2002 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts
Publisher :
ISBN 13 :
Total Pages : 270 pages
Book Rating : 4.F/5 ( download)
Download or read book Court Reform Legislation written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and published by . This book was released on 1982 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Law Association of Philadelphia. Committee on Delays to Suitors in the Supreme Court
Publisher :
ISBN 13 :
Total Pages : 80 pages
Book Rating : 4.3/5 (511 download)
Download or read book The Argument on Behalf of Certain Proposed Legislation to be Laid Before the Judiciary Committees of the Senate and House of Representatives of the United States, at the Forty-eighth Congress written by Law Association of Philadelphia. Committee on Delays to Suitors in the Supreme Court and published by . This book was released on 1884 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : CHRISTOPHER. HUNT
Publisher :
ISBN 13 : 9780779886777
Total Pages : pages
Book Rating : 4.8/5 (867 download)
Download or read book LEGISLATING STATUTORY INTERPRETATION written by CHRISTOPHER. HUNT and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Benjamin Nathan Cardozo
Publisher :
ISBN 13 :
Total Pages : 218 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Nature of the Judicial Process written by Benjamin Nathan Cardozo and published by . This book was released on 1921 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.
Author : Robert A. Katzmann
Publisher : Oxford University Press
ISBN 13 : 0199362149
Total Pages : 256 pages
Book Rating : 4.1/5 (993 download)
Download or read book Judging Statutes written by Robert A. Katzmann and published by Oxford University Press. This book was released on 2014-08-14 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
Author : Charles Grove Haines
Publisher :
ISBN 13 :
Total Pages : 406 pages
Book Rating : 4.3/5 (91 download)
Download or read book The American Doctrine of Judicial Supremacy written by Charles Grove Haines and published by . This book was released on 1914 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : William L. Ransom
Publisher : Trieste Publishing
ISBN 13 : 9780649641789
Total Pages : 212 pages
Book Rating : 4.6/5 (417 download)
Download or read book Majority Rule and the Judiciary written by William L. Ransom and published by Trieste Publishing. This book was released on 2017-09-12 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trieste Publishing has a massive catalogue of classic book titles. Our aim is to provide readers with the highest quality reproductions of fiction and non-fiction literature that has stood the test of time. The many thousands of books in our collection have been sourced from libraries and private collections around the world.The titles that Trieste Publishing has chosen to be part of the collection have been scanned to simulate the original. Our readers see the books the same way that their first readers did decades or a hundred or more years ago. Books from that period are often spoiled by imperfections that did not exist in the original. Imperfections could be in the form of blurred text, photographs, or missing pages. It is highly unlikely that this would occur with one of our books. Our extensive quality control ensures that the readers of Trieste Publishing's books will be delighted with their purchase. Our staff has thoroughly reviewed every page of all the books in the collection, repairing, or if necessary, rejecting titles that are not of the highest quality. This process ensures that the reader of one of Trieste Publishing's titles receives a volume that faithfully reproduces the original, and to the maximum degree possible, gives them the experience of owning the original work.We pride ourselves on not only creating a pathway to an extensive reservoir of books of the finest quality, but also providing value to every one of our readers. Generally, Trieste books are purchased singly - on demand, however they may also be purchased in bulk. Readers interested in bulk purchases are invited to contact us directly to enquire about our tailored bulk rates.
Author : Keith E. Whittington
Publisher : University Press of Kansas
ISBN 13 : 0700630368
Total Pages : 432 pages
Book Rating : 4.7/5 (6 download)
Download or read book Repugnant Laws written by Keith E. Whittington and published by University Press of Kansas. This book was released on 2020-05-18 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices’ own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington’s work reminds us that, for better or for worse, the court reflects the politics of its time.
Author : William Suarez-Potts
Publisher : Stanford University Press
ISBN 13 : 0804783489
Total Pages : 361 pages
Book Rating : 4.8/5 (47 download)
Download or read book The Making of Law written by William Suarez-Potts and published by Stanford University Press. This book was released on 2012-09-26 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite Porfirio Díaz's authoritarian rule (1877-1911) and the fifteen years of violent conflict typifying much of Mexican politics after 1917, law and judicial decision-making were important for the country's political and economic organization. Influenced by French theories of jurisprudence in addition to domestic events, progressive Mexican legal thinkers concluded that the liberal view of law—as existing primarily to guarantee the rights of individuals and of private property—was inadequate for solving the "social question"; the aim of the legal regime should instead be one of harmoniously regulating relations between interdependent groups of social actors. This book argues that the federal judiciary's adjudication of labor disputes and its elaboration of new legal principles played a significant part in the evolution of Mexican labor law and the nation's political and social compact. Indeed, this conclusion might seem paradoxical in a country with a civil law tradition, weak judiciary, authoritarian government, and endemic corruption. Suarez-Potts shows how and why judge-made law mattered, and why contemporaries paid close attention to the rulings of Supreme Court justices in labor cases as the nation's system of industrial relations was established.
Author : Blaine Free Moore
Publisher : Forgotten Books
ISBN 13 : 9780331577396
Total Pages : 162 pages
Book Rating : 4.5/5 (773 download)
Download or read book The Supreme Court and Unconstitutional Legislation (Classic Reprint) written by Blaine Free Moore and published by Forgotten Books. This book was released on 2017-11-21 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Supreme Court and Unconstitutional Legislation Although discussion of the unique position of the courts in this country has not been confined to recent times, probably never before has the question reached such an acute stage as at present, nor given rise to so much serious discussion as to the advisability of limiting some of the more important powers of the judiciary. An awakening consciousness of our social, economic and political defects and a growing belief that these can be lessened by increased governmental action has led to various reformatory measures on the part of the legisla tive and administrative branches. Whether wisely or uh wisely we are not here discussing, but the fact remains that the courts, in some instances, have checked these legisla tive and administrative activities through their power to declare statutes and ordinances unconstitutional and hence null and void. This action on the part of the judiciary has caused wide-spread comment and led to proposals to limit, by various means, this power of the courts. In studying this question the author was struck with the fact that, although the courts are held responsi ble for many acts both wise and unwise, and individual cases are cited to prove the contentions set forth, yet no systematic attempt has been made to ascertain what as a whole the judiciary has accomplished by its power to declare statutes unconstitutional. It was to supply this omission that this study in one branch of the subject was undertaken. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : Gerhard van der Schyff
Publisher : Springer
ISBN 13 : 9789048190034
Total Pages : 220 pages
Book Rating : 4.1/5 (9 download)
Download or read book Judicial Review of Legislation written by Gerhard van der Schyff and published by Springer. This book was released on 2010-09-10 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This device still raises questions as to whether judicial review is justified, and how it may be structured. Yet, judicial review’s justification and its scope are seldom addressed in the same study, thereby making for an inconvenient divorce of these two related avenues of study. To narrow the divide, the object of this work is quite straightforward. Namely, is the idea of judicial review defensible, and what influences its design and scope? This book addresses these matters by comparing the judicial review of legislation in the United Kingdom (the Human Rights Act of 1998), the Netherlands (the Halsema Proposal of 2002) and the Constitution of South Africa of 1996. These systems present valuable material to study the issues raised by judicial review. The Netherlands is of particular interest as its Constitution still prohibits the constitutional review of acts of parliament, while allowing treaty review of such acts. The Halsema Proposal wants to even out this difference by allowing the courts also to apply constitutional norms to legislation and not only to international norms. The Human Rights Act and the South African Constitution also present interesting questions that will make their study worthwhile. One can think of the issue of dialogue between the legislature and the judiciary. This topic enjoys increased attention in the United Kingdom but is somewhat underexplored in South African thought on judicial review. These and similar issues are studied in each of the three systems, to not only gain a better understanding of the systems as such, but also of judicial review in general.
Author : Keith Bybee
Publisher : Stanford University Press
ISBN 13 : 0804775613
Total Pages : 192 pages
Book Rating : 4.8/5 (47 download)
Download or read book All Judges Are Political—Except When They Are Not written by Keith Bybee and published by Stanford University Press. This book was released on 2010-08-24 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in an age where one person's judicial "activist" legislating from the bench is another's impartial arbiter fairly interpreting the law. After the Supreme Court ended the 2000 Presidential election with its decision in Bush v. Gore, many critics claimed that the justices had simply voted their political preferences. But Justice Clarence Thomas, among many others, disagreed and insisted that the Court had acted according to legal principle, stating: "I plead with you, that, whatever you do, don't try to apply the rules of the political world to this institution; they do not apply." The legitimacy of our courts rests on their capacity to give broadly acceptable answers to controversial questions. Yet Americans are divided in their beliefs about whether our courts operate on unbiased legal principle or political interest. Comparing law to the practice of common courtesy, Keith Bybee explains how our courts not only survive under these suspicions of hypocrisy, but actually depend on them. Law, like courtesy, furnishes a means of getting along. It frames disputes in collectively acceptable ways, and it is a habitual practice, drummed into the minds of citizens by popular culture and formal institutions. The rule of law, thus, is neither particularly fair nor free of paradoxical tensions, but it endures. Although pervasive public skepticism raises fears of judicial crisis and institutional collapse, such skepticism is also an expression of how our legal system ordinarily functions.
Author : George Gorham Groat
Publisher :
ISBN 13 :
Total Pages : 432 pages
Book Rating : 4.F/5 ( download)
Download or read book Attitude of American Courts in Labor Cases written by George Gorham Groat and published by . This book was released on 1911 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Howard P. Fink
Publisher : Lexis Law Publishing (Va)
ISBN 13 :
Total Pages : 1048 pages
Book Rating : 4.F/5 ( download)
Download or read book Federal Courts in the 21st Century written by Howard P. Fink and published by Lexis Law Publishing (Va). This book was released on 1996 with total page 1048 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook is the first to discuss the 1996 legislation limiting habeas corpus & death-row appeals & the Supreme Court's decision interpreting this legislation. This is also the first casebook to discuss the Supreme Court's new view of the Eleventh Amendment & of Congress' power to waive a state's sovereign immunity. Thee authors discuss the latest cases interpreting Article III's case & controversy requirements as a limit on access to the federal courts. Further, this text treats the evolving role of the federal courts in limiting actions of state governments & state officials. It also provides substantial discussion of issues of federal venue, transfer & law applied in diversity & alienage cases, because of the continued importance of these areas & in recognition that these subjects more & more are being given short shift in curtailed civil procedure courses in the first year. Teacher's Manual 1999 Cumulative Supplement Casebook also available electronically.
